Chapter 301

301.095(11)(b) (b) Any impact the council’s work has had on recidivism.

301.095(11)(c) (c) The effectiveness of agency coordination and communication.

301.095(11)(d) (d) The implementation of a reentry strategic plan.

301.095(11)(e) (e) Recommendations on legislative initiatives and policy initiatives that are consistent with the duties of the council.

301.095 History History: 2009 a. 28, 104.

301.098 301.098 Community reentry centers.

301.098(1) (1) In this section:

301.098(1)(a) (a) “Community reentry center” means a community site that offers initial points of contact for all of the following services to an individual at the time of his or her release from a state correctional institution upon completion of his or her sentence or to parole or extended supervision: health, identification, financial, housing, employment, education, and supervision.

301.098(1)(b) (b) “Nonprofit organization” means an organization described in section 501 (c) of the Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

301.098(1)(c) (c) “Public agency” has the meaning given in s. 106.13 (3m) (a) 2.

301.098(2) (2) The department shall contract with at least one nonprofit organization, for-profit entity, or public agency to establish a community reentry center and shall consider contracting to establish a community reentry center in each region of the state. The contracted nonprofit organization, for-profit entity, or public agency shall oversee, coordinate, and develop memoranda of understanding with other organizations to provide services that will be housed at the community reentry center.

301.098(3) (3) 

301.098(3)(a) (a) To receive a contract under sub. (2), a nonprofit organization, for-profit entity, or public agency shall operate a community reentry center in a location that is easily accessible by the population served and accessible by public transportation, if available. Organizations that provide services housed at the community reentry center shall, at a minimum, be able to assess and assist individuals after release from incarceration to community supervision by providing all of the following services:

301.098(3)(a)1. 1. Health: assistance in identifying and accessing appropriate health care services and mental health services based on the individual’s needs.

301.098(3)(a)2. 2. Identification: assistance in obtaining identification documents such as the individual’s birth certificate, social security card, state identification card, or driver’s license, if eligible, including any necessary forms and instructions.

301.098(3)(a)3. 3. Financial: assistance in creating a bank account, including obtaining a debit card at the time of the individual’s initial contact with the community reentry center.

301.098(3)(a)4. 4. Housing: assistance in obtaining access to emergency housing options for homeless individuals and contacting landlords that rent to formerly incarcerated individuals.

301.098(3)(a)5. 5. Employment: assistance in creating a resume, electronically submitting the resume where needed, and contacting relevant employment agencies to secure employment.

301.098(3)(a)6. 6. Education: assistance in identifying whether and how to proceed with the next level of education or vocational training the individual may want or need.

301.098(3)(a)7. 7. Supervision: a secured office space for department supervision agents to meet with individuals on community supervision.

301.098(3)(b) (b) A nonprofit organization, for-profit entity, or public agency contracted with under sub. (2) shall develop multidisciplinary support teams with participating organizations that provide services under par. (a) at the community reentry center to review the needs and assessments of participating individuals.

301.098(3)(c) (c) In awarding contracts under sub. (2), the department shall prioritize contracts with nonprofit organizations, for-profit entities, or public agencies that do any of the following:

301.098(3)(c)1. 1. Collaborate with organizations that provide services that will be housed at the community reentry center, justice-involved individuals, criminal justice coordinating councils, technical colleges, and workforce investment boards, as evidenced by letters of support.

301.098(3)(c)2. 2. Propose to operate a community reentry center in counties with the highest numbers of individuals being released from incarceration to those counties.

301.098(4) (4) The department and the nonprofit organization, for-profit entity, or public agency contracted with under sub. (2) shall determine, by agreement, when department staff will be present on site, and the department shall provide department staff pursuant to the agreement to provide case management to eligible individuals at a community reentry center operated under sub. (3).

301.098(5) (5) 

301.098(5)(a) (a) A contract between the department and a nonprofit organization, for-profit entity, or public agency under sub. (2) shall require that the nonprofit organization, for-profit entity, or public agency define data collection requirements and track and compile data for all organizations that provide services housed at the community reentry center. The data shall include, at a minimum, all of the following:

301.098(5)(a)1. 1. The number of individuals that participate in services provided at the community reentry center.

301.098(5)(a)2. 2. Basic demographic information for the individuals served by the organizations.

301.098(5)(a)3. 3. The number and type of services that were provided to individuals by the organizations.

301.098(5)(a)4. 4. A description and number of services provided at and reported outcomes for the community reentry center.

301.098(5)(b) (b) By January 1, 2027, and biennially thereafter, the department shall submit to the governor and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) a comprehensive report that examines the outcomes of the services provided at each community reentry center operated under sub. (3).

301.098 History History: 2023 a. 233.

301.10 301.10 Purchases, bills, audits, payments. Unless otherwise provided by law, no bills may be incurred in the management of the institutions nor be paid until they have been audited by the department of corrections under the supervision of the department of administration. All payments shall be made on the warrant of the department of administration drawn in accordance with the certificate of the proper designated officer of the department of corrections. All claims and accounts, before being certified to the department of administration by the department of corrections, shall be verified and approved as provided in s. 16.53.

301.10 History History: 1989 a. 31; 1997 a. 289; 2011 a. 257.

301.103 301.103 Prescription drug formulary. The corrections system formulary board shall promulgate rules establishing written guidelines or procedures for making therapeutic alternate drug selections for the purposes of s. 450.01 (16) (hr). Rules promulgated under this section shall apply uniformly within all state correctional institutions.

301.103 History History: 2015 a. 40.

301.105 301.105 Telephone company commissions. The department shall collect moneys for commissions from telephone companies for contracts to provide telephone services to inmates. The department shall transmit those moneys to the secretary of administration. The secretary of administration shall do all of the following:

301.105(1) (1) Deposit two-thirds of all moneys collected under this section in the general fund as general purpose revenue-earned.

301.105(2) (2) Credit one-third of all moneys collected under this section to the appropriation account under s. 20.410 (1) (gt).

301.105 History History: 1993 a. 16; 2003 a. 33.

301.11 301.11 Reports of corrections institutions.

301.11(1) (1) Monthly report. The officer in charge of each state institution under the control of the department shall report monthly to the department an itemized statement of all receipts and disbursements and of the daily number of inmates, officers, teachers and employees, and of the wages paid to each.

301.11(2) (2) Biennial report. On July 1 in each even-numbered year, the officer in charge of each state institution under the control of the department shall submit a report to the department, covering the preceding biennial fiscal term, which includes a summarized statement of the management of every department of the institution and of all receipts and disbursements, and any other information the department requires.

301.11 History History: 1989 a. 31.

301.12 301.12 Cost of care and maintenance, liability; collection and deportation counsel; collections; court actions; recovery.

301.12(1) (1) Liability and the collection and enforcement of such liability for the care, maintenance, services, and supplies specified in this section is governed exclusively by this section, except in cases of child support ordered by a court under s. 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2) or ch. 767.

301.12(2) (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including a person placed under s. 938.183, 938.32 (1) (bm) or (c), 938.34 (4h) or (4m), or 938.357 (1), (2m), (4), or (5) (e), receiving care, maintenance, services, and supplies provided by any institution in this state operated or contracted for by the department, in which the state is chargeable with all or part of the person’s care, maintenance, services, and supplies, and the person’s property and estate, including the homestead, and the spouse of the person, and the spouse’s property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services, and supplies in accordance with the fee schedule established by the department under s. 301.03 (18). If a spouse, widow, or minor, or an incapacitated person, may be lawfully dependent upon the property for his or her support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for that person. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt of the notice is not a condition of liability.

301.12(2m) (2m) The liability specified in sub. (2) shall not apply to persons 17 and older receiving care, maintenance, services and supplies provided by prisons named in s. 302.01.

301.12(3) (3) After investigation of the liable persons’ ability to pay, the department shall make collection from the person who in the opinion of the department under all of the circumstances is best able to pay, giving due regard to relationship and the present needs of the person or of the lawful dependents. However, the liability of relatives for maintenance shall be in the following order: first, the spouse of the resident; then, in the case of a minor, the parent or parents.

301.12(4) (4) 

301.12(4)(a) (a) If a person liable under sub. (2) fails to make payment or enter into or comply with an agreement for payment, the department may bring an action to enforce the liability or may issue an order to compel payment of the liability. Any person aggrieved by an order issued by the department under this paragraph may appeal the order as a contested case under ch. 227 by filing with the department a request for a hearing within 30 days after the date of the order.

301.12(4)(b) (b) If judgment is rendered in an action brought under par. (a) for any balance that is 90 or more days past due, interest at the rate of 12 percent per year shall be computed by the clerk and added to the liable person’s costs. That interest shall begin on the date on which payment was due and shall end on the day before the date of any interest that is computed under s. 814.04 (4).

301.12(4)(c) (c) If the department issues an order to compel payment under par. (a), interest at the rate of 12 percent per year shall be computed by the department and added at the time of payment to the person’s liability. That interest shall begin on the date on which payment was due and shall end on the day before the date of final payment.

301.12(5) (5) If any person named in an order to compel payment issued under sub. (4) (a) fails to pay the department any amount due under the terms of the order and no contested case to review the order is pending and the time for filing for a contested case review has expired, the department may present a certified copy of the order to the circuit court for any county. The circuit court shall, without notice, render judgment in accordance with the order. A judgment rendered under this subsection shall have the same effect and shall be entered in the judgment and lien docket and may be enforced in the same manner as if the judgment had been rendered in an action tried and determined by the circuit court.

301.12(6) (6) The sworn statement of the collection and deportation counsel, or of the secretary, shall be evidence of the fee and of the care and services received by the resident.

301.12(7) (7) The department shall administer and enforce this section. The department shall appoint an attorney to be designated “collection and deportation counsel” and other necessary assistants. The department may delegate to the collection and deportation counsel such other powers and duties as the department considers advisable. The collection and deportation counsel or any of the assistants may administer oaths, take affidavits and testimony, examine public records, subpoena witnesses and the production of books, papers, records, and documents material to any matter of proceeding relating to payments for the cost of maintenance. The department shall encourage agreements or settlements with the liable person, having due regard to ability to pay and the present needs of lawful dependents.

301.12(8) (8) The department may do any of the following:

301.12(8)(a) (a) Appear for the state in any collection and deportation matter arising in the several courts, and may commence suit in the name of the department to recover the cost of maintenance against the person liable for that cost.

301.12(8)(b) (b) Determine whether any residents are subject to deportation; and on behalf of this state enter into reciprocal agreements with other states for deportation and importation of persons who are public charges, upon such terms as will protect the state’s interests and promote mutually amicable relations with other states.

301.12(8)(c) (c) From time to time investigate the financial condition and needs of persons liable under sub. (2), their ability to presently maintain themselves, the persons legally dependent upon them for support, the protection of the property and investments from which they derive their living and their care and protection, for the purpose of ascertaining the person’s ability to make payment in whole or in part.

301.12(8)(d) (d) After due regard to the case and to a spouse and minor children who are lawfully dependent on the property for support, compromise or waive any portion of any claim of the state or county for which a person specified under sub. (2) is liable, but not any claim payable by an insurer under s. 632.89 (2) or (4m) or by any other 3rd party.

301.12(8)(e) (e) Make an agreement with a person who is liable under sub. (2), or who may be willing to assume the cost of maintenance of any resident, providing for the payment of such costs at a specified rate or amount.

301.12(8)(f) (f) Make adjustment and settlement with the several counties for their proper share of all moneys collected.

301.12(8)(i) (i) Pay quarterly from the appropriation account under s. 20.410 (3) (gg) the collection moneys due county departments under ss. 46.215, 46.22 and 46.23. Payments shall be made as soon after the close of each quarter as is practicable.

301.12(9) (9) Any person who willfully testifies falsely as to any material matter in an investigation or proceeding under this section shall be guilty of perjury. Banks, employers, insurers, savings banks, savings and loan associations, brokers and fiduciaries, upon request of the department, shall furnish in writing and duly certified, full information regarding the property, earnings or income or any funds deposited to the credit of or owing to any person liable under sub. (2). Such a certified statement shall be admissible in evidence in any action or proceeding to compel payment under this section, and shall be evidence of the facts stated in the certified statement, if a copy of the certified statement is served upon the party sought to be charged not less than 3 days before the hearing.

301.12(10) (10) The department shall make all reasonable and proper efforts to collect all claims for maintenance, to keep payments current, and to periodically review all unpaid claims.

301.12(11) (11) 

301.12(11)(a) (a) Except as provided in par. (b), in any action to recover from a person liable under this section, the statute of limitations may be pleaded in defense.

301.12(11)(b) (b) If a person who is liable under this section is deceased, a claim may be filed against the decedent’s estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable.

301.12(14) (14) 

301.12(14)(a) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age in residential, nonmedical facilities such as group homes, foster homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17, unless the liable person has prevented payment by any act or omission.

301.12(14)(b) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 301.03 (18) for the care and maintenance of the parent’s minor child who has been placed by a court order under s. 938.183, 938.32, 938.355, or 938.357 in a residential, nonmedical facility such as a group home, foster home, residential care center for children and youth, or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department of children and families under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under par. (g).

301.12(14)(c) (c) Upon request by a parent, the court may modify the amount of child support payments determined under par. (b), subject to par. (cm), if, after considering the following factors, the court finds by the greater weight of the credible evidence that the use of the percentage standard is unfair to the child or to either of the parents:

301.12(14)(c)1. 1. The needs of the child.

301.12(14)(c)2. 2. The physical, mental and emotional health needs of the child, including any costs for the child’s health insurance provided by a parent.

301.12(14)(c)3. 3. The standard of living and circumstances of the parents, including the needs of each parent to support himself or herself at a level equal to or greater than that established under 42 USC 9902 (2).

301.12(14)(c)4. 4. The financial resources of the parents.

301.12(14)(c)5. 5. The earning capacity of each parent, based on each parent’s education, training and work experience and based on the availability of work in or near the parent’s community.

301.12(14)(c)6. 6. The need and capacity of the child for education, including higher education.

301.12(14)(c)7. 7. The age of the child.

301.12(14)(c)8. 8. The financial resources and the earning ability of the child.

301.12(14)(c)9. 9. The needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.

301.12(14)(c)10. 10. The best interests of the child, including, but not limited to, the importance of a placement that will promote the objectives specified in s. 938.01.

301.12(14)(c)11. 11. Any other factors that the court in each case determines are relevant.

301.12(14)(cm) (cm)

301.12(14)(cm)1. 1. Except as provided in subd. 2., if a parent who is required to pay child support under par. (b) or (c) is receiving adoption assistance under s. 48.975 for the child for whom support is ordered, the amount of the child support payments determined under par. (b) or (c) may not exceed the amount of the adoption assistance payments.

301.12(14)(cm)2. 2. Subdivision 1. does not apply if, after considering the factors under par. (c) 1. to 11., the court finds by the greater weight of the credible evidence that limiting the amount of the child support payments to the amount of the adoption assistance payments is unfair to the child or to either of the parents.

301.12(14)(d) (d) If the court finds under par. (c) that use of the percentage standard is unfair to the minor child or either of the parents, the court shall state in writing or on the record the amount of support that would be required by using the percentage standard, the amount by which the court’s order deviates from that amount, the court’s reasons for finding that use of the percentage standard is unfair to the child or the parent, the court’s reasons for the amount of the modification and the basis for the modification.